The Human Rights Party (HRP) today condemned both Umno and DAP of violating the land law in carrying out the demolition of three vacant houses and part of an occupied fourth house in Kampung Buah Pala in George Town today.

Saying that that the proposed developer was an Umno-linked company, HRP secretary general P Uthayakumar (left) accused the BN party of violating Section 116(1) (d) of the National Land Code which states that 'where in any alienated land..... no such building shall be demolished, altered or extended without the prior consent in writing of the appropriate authority.'

Similarly he said the DAP Penang government had also refused to issue an official letter prohibiting the demolition of Kampung Buah Pala by virtue of Section 116(1) (d) of NLC.

"DAP is obviously aiding and abetting Umno in the commission of this crime of demolishing Kampung Buah Pala," he said.

Kampung Buah Pala, also commonly known as Tamil High Chaparral, faces eviction to pave way for a lucrative project - the Oasis - undertaken by Umno-linked Nusmetro Venture (P) Sdn Bhd.

The Penang DAP government transferred the land ownership from the state to a government civil seevants society - Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang - on March 27.

At today'sdemolitionexercise, police were seen by many assaulting and detaining villagers and their supporters, who formed a human barricade to stop the destruction of the village.

'Umno and DAP the villains'

Uthayakumar, also the Hindu Rights Action Force (Hindraf) legal advisor, alleged that both Umno and DAP have taken full advantage of the vulnerable, poor, marginalised, defenceless, voiceless and politically powerless working class Indians in Malaysia.

He also chided the police for siding the politically powerful Umno at the federal level and DAP at state level.

He pointed out that the arrest of working class Indians in Kampung Buah Pala proved that the police were biased against those detained today who were not real criminals, who violated the law.

"We were told that the police, who were supposed to be neutral, used rough and aggressive tactics, assault and detained the villagers and their supporters, causing a lady to faint," he said in a press statement today.

He also slammed the police for arresting the villagers' lawyer Darshan Singh Khaira, who was merely discharging his duties further to Section 42 of the Legal Professional Act 1976.

He was detained, manhandled and dragged away forcefully while carrying out his official legal duties.

Real culprits off the hook?

"Of course, the attorney general would not bother prosecuting the real criminals but may instead prosecute these arrested poor, defenseless and homeless people.

"HRP condemns these injustices and especially the arrest of lawyer Darshan Singh," he said, taking a swipe at both Umno and DAP governments' popular themes.

The HRP leader asked how could such open violations of law and order take place in the country under the Prime Minister Najib Abdul Razak's One Malaysia concept?

He also asked how could such human rights infringement takes place when Penang is being governed by the DAP, which espouses the Malaysian Malaysia concept.

Moreover, he said the Chief Minister Lim Guan Eng had always been bragging about his CAT government based on competency, accountability and transparency.

"But all these wrongdoings took place today under the One Malaysia, Malaysian Malaysia and CAT governments.

"Such serious violation of human rights can only happen in Malaysia, nowhere else in the world," said the former ISA detainee.

UMNO violates the law in Section 116(1) (d) of the National Land Code which provides that ‘where any alienated land…..’. ‘That no such building shall be demolished, altered or extended without the prior consent in writing of the appropriate authority

Similarly the DAP led Penang State government has refused to issue an official letter prohibiting the demolition of Kampung Buah Pala by virtue of Section 116(1) (d) of the same. DAP is obviously aiding and abetting UMNO in the commission of this crime of demolishing Kampung Buah Pala.

Both UMNO/B.N and DAP/P.R are taking full advantage of the poor, marginalized, defenseless, voiceless and politically powerless working class Indians in Malaysia.

The police are siding the politically powerful UMNO/B.N and DAP/P.R by arresting at least 19 of the working class Indians of Kampung Buah Pala today and not the real criminals who violated the aforesaid law. From our supporters on the ground we have today been informed that the police who are supposed to be neutral used aggressive tactics and even causing one lady to faint. Even their lawyer Mr. Darshan Singh Khaira who was merely discharging his duties further to Section 42 of the Legal Professional Act 1976 was arrested and dragged away forcefully. The Attorney General would not bother prosecuting the real criminals but may instead prosecute these arrested poor, defenseless and homeless people. We condemn these injustices and especially the arrest of their lawyer Mr. Darshan Singh Khaira. All this can only happen in Prime Minister Najib Razak’s One Malaysia and DAPs’ Malaysian Malaysia and no where else in the world.

Demolition work started on four houses in Kampung Buah Pala today -- three days past the deadline to move out -- amid a violent skirmish between police and village supporters that ended with 18 arrests.

One of the Kampung Buah Pala residents tearing theDAP flag in anger when contractors move in today todemolish the houses in the village.

Among those arrested were lawyer Darshan Singh, former Parti Keadilan Rakyat (PKR) Petaling Jaya Municipal Council (MPPJ) councillor A Thiruvenggadam, and several MIC youth members.

Only five – three women and two men – were villagers.

It is learnt they had started a hunger strike while at the George Town district police headquarters in Pattani Road here.

All 18 were released on police bail about 8.30pm tonight.

Things came to a head at about 12.30pm today when police made a V-shape formation to penetrate the crowd of mainly Hindraf and MIC members, who were shouting slogans, in order to break one of the houses.

“All those arrested but who were not villagers were there in a spirit of solidarity with the residents, which is alright,” George Town OCPD Azam Abd Hamid said later.

“But what they did in obstructing (the court bailiff and police) was against the law.”

Police arresting the villagers atKampung Buah Pala.

Azam said most were arrested for obstructing police in discharging their duty while some would be charged for causing a riot.

He said they would be released on bail after their statements were recorded.

Two policemen were injured in the skirmish. Four police reports were lodged by various individuals, including one by developer Nusmetro Ventures (P) Sdn Bhd on an alleged attack on its director Gary Ho.

Azam said five households had agreed to vacate and let Nusmetro demolish their houses. The remaining families asked for more time, and were given a week.

The day began on an ominous note at about 7.30am when several police trucks, including a Black Maria, were seen parked outside the village.

Residents were supported by a crowd of Hindraf and MIC youth members, lead by the party’s youth chief T Mohan.

The physical confrontation between the police and the supporters came as a surprise as the residents’ committee members were seen having negotiations with Nusmetro’s Ho and executive director Thomas Chan.

It is understood that Nusmetro wanted to demolish three vacant houses.

After lengthy discussions in the mobile police beat base, five members of the demolition team were allowed to enter the village, to break down the first house under the watch of the police, a court bailiff and the residents committee, at about 10am.

There were several tense situations between reporters and supporters who tried to block them, and between MIC members and youngsters in the demolition team.

After breaking three houses, Ho reached a compromise with residents’ association secretary J. Steven to break the store room of his house.

The crisis has its roots in the state government approving the village land for sale to the Koperasi Pegawai Kerajaan Pulau Pinang for a private commercial development project in 2004.

The residents, descendants of indentured labourers brought in during the British colonial period, have argued that the land transaction was fraudulent, and that their forefathers were beneficiaries of a housing trust under the Brown Estate, but have lost repeatedly in the courts.

A distraught association chairman M. Sugumaran: “We have no avenue already. The state government is not with us. The courts are not with us. How are we going to fight?” he said.

Hindraf Rally 25th November 2007

The rally's estimated to be 100 000 people gathered outside the Petronas Twin Towers at midnight, early Sunday morning.At least 240 people were detained, but half of them were later released. One day before the rally, police arrested three HINDRAF lawyers, P. Uthayakumar, P. Waytha Moorthy and V. Ganabatirau for sedition charges. Uthayakumar and Ganabatirau posted bail of 800 Malaysian ringgits each, but Waytha Moorthy refused bail as a sign of protest.